Treaty of Lausanne/Part III
- 1 Article 64
- 2 Section I. Property, Rights And Interests
- 3 Section II. Contracts, Prescriptions And Judgments
- 3.1 Article 73
- 3.2 Article 74
- 3.3 Article 75
- 3.4 Article 76
- 3.5 Article 77
- 3.6 Article 78
- 3.7 Article 79
- 3.8 Article 80
- 3.9 Article 81
- 3.10 Article 82
- 3.11 Article 83
- 3.12 Annex
- 4 Section III. Debts
- 5 Section IV. Industrial, Literary And Artistic Property
- 6 Section V. Mixed Arbitral Tribunal
- 7 Section VI. Treaties
In this part, the expression "Allied Powers" means the Contracting Powers other than Turkey.
The term "Allied nationals" includes physical persons, companies and associations of the Contracting Powers other than Turkey, or of a State or territory under the protection of one of the said Powers.
The provisions of this Part relating to "Allied nationals" shall benefit persons who without having the nationality of one of the Allied Powers, have, in consequence of the protection which they in fact enjoyed at the hands of these Powers, received from the Ottoman authorities the same treatment as Allied nationals and have, on this account, been prejudiced.
Section I. Property, Rights And Interests
Property, rights and interests which still exist and can be identified in territories remaining Turkish at the date of the coming into force of the present Treaty, and which belong to persons who on the 29th October, 1914, were Allied nationals, shall be immediately restored to the owners in their existing state.
Reciprocally, property, rights and interests which still exist and can be identified in territories subject to the sovereignty or protectorate of the Allied Powers on the 29th October, 1914, or in territories detached from the Ottoman Empire after the Balkan wars and subject to-day to the sovereignty of any such Power, and which belong to Turkish nationals, shall be immediately restored to the owners in their existing state. The same provision shall apply to property, rights and interests which belong to Turkish nationals in territories detached from the Ottoman Empire under the present Treaty, and which may have been subjected to liquidation or any other exceptional measure whatever on the part of the authorities of the Allied Powers.
All property, rights and interests situated in territory detached from the Ottoman Empire under the present Treaty, which, after having been subjected by the Ottoman Government to an exceptional war measure, are now in the hands of the Contracting Power exercising authority over the said territory, and which can be identified, shall be restored to their legitimate owners, in their existing state. The same provision shall apply to immovable property which may have been liquidated by the Contracting Power exercising authority over the said territory. All other claims between individuals shall be submitted to the competent local courts.
All disputes relating to the identity or the restitution of property to which a claim is made shall be submitted to the Mixed Arbitral Tribunal provided for in Section V of this Part.
In order to give effect to the provisions of the first and second paragraphs of Article 65 the High Contracting Parties will, by the most rapid procedure, restore the owners to the possession of their property, rights and interests free from any burdens or encumbrances with which such property, rights and interests may have been charged without the consent of the said owners. It will be the duty of the Government of the Power effecting the restitution to provide for the compensation of third parties who may have acquired the property directly or indirectly from the said Government and who may be injured by this restitution. Disputes which may arise in connection with such compensation shall be dealt with by the ordinary courts.
In all other cases it will be open to any third parties who may be injured to take action against whoever is responsible, in order to obtain compensation.
In order to give effect to these provisions all acts of transfer or other exceptional war measures, which the High Contracting Parties may have carried out in respect of enemy property, rights and interests, shall be immediately cancelled and stayed when liquidation has not yet been completed. Owners who make claims shall be satisfied by the immediate restitution of their property, rights and interests as soon as these shall have been identified.
When at the date of the signature of the present Treaty the property, rights and interests, the restitution of which is provided for in Article 65. have been liquidated by the authorities of one of the High Contracting Parties, that Party shall be discharged from the obligation to restore the said property, rights and interests by payment of the proceeds of the liquidation to the owner. If, on application being made by the owner, the Mixed Arbitral Tribunal provided for by Section V finds that the liquidation was not effected in such conditions as to ensure the realisation of a fair price, it will have the power, in default of agreement between the parties, to order the addition to the proceeds of the liquidation of such amount as it shall consider equitable. The said property, rights and interests shall be restored if the payment is not made within two months from the agreement with the owner or from the decision of the Mixed Arbitral Tribunal mentioned above.
Greece, Roumania and the Serb-Croat-Slovene State on the one hand, and Turkey on the other hand undertake mutually to facilitate, both by appropriate administrative measures and by the delivery of all documents relating thereto, the search on their territory for, and the restitution of, movable property of every kind taken away, seized or sequestrated by their armies or administrations in the territory of Turkey, or in the territory of Greece, Roumania or the Serb-Croat-Slovene State respectively, which are actually within the territories in question.
Such search and restitution will take place also as regards property of the nature referred to above seized or sequestrated by German, Austro-Hungarian or Bulgarian armies or administrations in the territory of Greece, Roumania or the Serb-Croat-Slovene State, which has been assigned to Turkey or to her nationals, as well as to property seized or sequestrated by the Greek, Roumanian or Serbian armies in Turkish territory, which has been assigned to Greece, Roumania or the Serb-Croat-Slovene State or to their nationals.
Applications relating to such search and restitution must be made within six months from the coming into force of the present Treaty.
Debts arising out of contracts concluded, in districts in Turkey occupied by the Greek army, between the Greek authorities and administrations on the one hand and Turkish nationals on the other, shall be paid by the Greek Government in accordance with the provisions of the said contracts.
No charge, tax or surtax to which, by virtue of the privileges which they enjoyed on the 1st August, 1914, Allied nationals and their property were not subject, shall be collected from Allied subjects or their property in respect of the financial years earlier than the financial year 1922-23.
If any sums have been collected after the 15th May, 1923, in respect of financial years earlier than the financial year 1922-1923, the amount shall be refunded to the persons concerned, as soon as the present Treaty comes into force.
No claim for repayment shall be made as regards sums encashed before the 15th May, 1923.
Claims based on Articles 65, 66 and 69 must be lodged with the competent authorities within six months, and, in default of agreement, with the Mixed Arbitral Tribunal within twelve months, from the coming into force of the present Treaty.
The British Empire, France, [taly, Roumania and the Serb-Croat-Slovene State or their nationals having begun claims or suits with regard to their property, rights and interests against the Ottoman Government before the 29th October, 1914, the provisions of this Section will not prejudice such claims or suits.
Claims or suits begun against the British, French, Italian, Roumanian or Serb-Croat-Slovene Governments by the Ottoman Government or its nationals will similarly not be prejudiced. These claims or suits will be continued against the Turkish Government and against the other Governments mentioned in this Article under the conditions existing before the 29th October, I9I4, due regard being had to the abolition of the Capitulations.
In the territories which remain Turkish by virtue of the present Treaty, property, rights and interests belonging to Germany, Austria, Hungary and Bulgaria or to their nationals, which before the coming into force of the present Treaty have been seized or occupied by the Allied Governments, shall remain in the possession of tlxese Governments until the conclusion of arrangements between them and the German, Austrian, Hungarian and Bulgarian Governments or their nationals who are concerned. If the above-mentioned property, rights and interests have been liquidated, such liquidation is confirmed.
In the territories detached from Turkey under the present Treaty, the Governments exercising authority there shall have power, within one year from the coming into force of the present Treaty, to liquidate the property, rights and interests belonging to Germany, Austria, Hungary and Bulgaria or to their nationals.
The proceeds of liquidations, whether they have already been carried out or not, shall be paid to the Reparation Commission established by the Treaty of Peace concluded with the States concerned, if the property liquidated belongs to the German, Austrian, Hungarian or Bulgarian State. In the case of liquidation of private property, the proceeds of liquidation shall be paid to the owners direct.
The provisions of this Article do not apply to Ottoman limited Companies.
The Turkish Government shall be in no way responsible for the measures referred to in the present Article.
Section II. Contracts, Prescriptions And Judgments
The following classes of contracts concluded, before the date mentioned in Article 82, between persons who thereafter became enemies as defined in that Article, remain in force subject to the provisions of the contracts and to the stipulations of the present Treaty:
(a) Contracts for the sale of real property, even if all formalities may not have been concluded, provided that delivery did in fact take place before the date on which the parties became enemies as defined in Article 82.
(b) Leases and agreements for leases of land and houses entered into between individuals.
(c) Contracts between individuals regarding the exploitation of mines, forests or agricultural estates.
(d) Contracts of mortgage, pledge or lien.
(e) Contracts constituting companies, excepting "societes en 'nom collectif' " which do not constitute, under the law to which they are subject, an entity separate from that of the persons of which they are composed (partnerships).
(f) Contracts, whatever may be their purpose, concluded between individuals or companies and the State, provinces, municipalities or other similar juridical persons charged with administrative functions.
(g) Contracts relating to family status.
(h) Contracts relating to gifts or bounties of any kind whatever.
This Article cannot be invoked in order to give to contracts a validity different from that which they had in themselves when they were concluded.
It does not apply to concessionary contracts.
Insurance contracts are governed by the provisions of the Annex to this Section.
Contracts other than those specified in Articles 73 and 74 and other than concessionary contracts, which were entered into between persons who subsequently became enemies, shall be considered as having been annulled as from the date on which the parties became enemies.
Nevertheless, either of the parties to the contract shall have power, within three months from the coming into force of the present Treaty, to require the execution of the contract, on condition of paying, where the circumstances demand it, to the other party compensation calculated according to the difference between the conditions prevailing at the time when the contract was concluded and those prevailing at the time when its maintenance is required. In default of agreement between the parties, this compensation shall be fixed by the Mixed Arbitral Tribunal.
The validity of all compromises entered into before the coming into force of the present Treatybetween nationals of the Contracting Powers, parties to contracts specified in Articles 73 to 75, particularly those providing for the cancellation, the maintenance, the methods of execution, or the modification of such contracts, including agreements relating to the currency of payment or the rate of exchange, is confirmed.
Contracts between Allied and Turkish nationals concluded after the 30th October, I918, remain in force and will be governed by the ordinary law.
Contracts duly concluded with the Constantinople Government between the 30th October, I9I8, and the I6th March, I920, also remain in force and will be governed by the ordinary law.
All contracts and arrangements duly concluded after the 16th March, I920, with the Constantinople Government concerning territories which remained under the effective control of the said Government, shall be submitted to the Grand National Assembly of Turkey for approval, if the parties concerned make application within three months from the coming into force of the present Treaty. Payments made under such contracts shall be duly credited to the party who has made them.
If approval is not granted, the party concerned shall, if the circumstances demand it, be entitled to compensation corresponding to the direct loss which has been actually suffered; such compensation, in default of an amicable agreement, shall be fixed by the Mixed Arbitral Tribunal.
The provisions of this Article are not applicable either to concessionary contracts or to transfers of concessions.
All disputes which already exist, or may arise within the period of six months mentioned below, relating to contracts, other than concessionary contracts, between parties who subsequently became enemies, shall be determined by the Mixed Arbitral Tribunal, with the exception of disputes which, in accordance with the laws of neutral Powers are within the competence of the national courts of those Powers. In the latter case, such disputes shall be determined by the said national courts, to the exclusion of the Mixed Arbitral Tribunal. Applications relating to disputes which, under this Article, are within the competence of the Mixed Arbitral Tribunal, must be presented to the said Tribunal within a period of six months from the date of its establishment.
After the expiration of this period, disputes which have not been submitted to the Mixed Arbitral Tribunal shall be determined by the competent courts in accordance with the ordinary law.
The provisions of this Article do not apply to cases in which all the parties to the contract resided in the same country during the war and there freely disposed of their persons and their property, nor to disputes in respect of which judgment was given by a competent court before the date on which the parties became enemies.
All periods whatever of prescription or limitation of right of action, whether they began to run before or after the outbreak of war, shall be treated, in the territory of the High Contracting Parties so far as regards relations between enemies, as having been suspended from the 29th October, I9I4, until the expiration of three months after the coming into force of the present Treaty.
This provision applies, in particular, to periods of time allowed for the presentation of interest or dividend coupons, or for the presentation for payment of securities drawn for redemption or repayable on any other ground.
As regards Roumania, the above-mentioned periods shall be considered as having been suspended as from the 27th August 19I6.
As between enemies no negotiable instrument made before the war shall be deemed to have become invalid by reason only of failure within the required time to present the instrument for acceptance or payrnent, or to give notice of non-acceptance or non-payment to drawers or endorsers, or to protest the instrument, nor by reason of failure to complete any formality during the war.
When the period within which a negotiable instrument should have been presented for acceptance or payment, or within which notice of non-acceptance or non-payment should have been given to the drawers or endorsers, or within which the instrument should have been protested, has expired during the war, and when the party who should have presented or protested the instrument or given notice of non-acceptance or non-payment, has failed to do so during the war, a period of three months from the coming into force of the present Treaty shall be allowed within which the presentation, notice of non-acceptance or non-payment, or protest may be made.
Sales effected during the war in order to realise pledges or mortgages created before the war as security for debts which have become payable, shall be deemed valid, although it may not have been possible to perform all the formalities required for notifying the debtor, subject to the express right of the said debtor to summon the creditor before the Mixed Arbitral Tribunal to render accounts, failing which the creditor will be liable to be cast in damages.
It shall be the duty of the Mixed Arbitral Tribunal to settle the accounts between the parties, to investigate the conditions under which the property pledged or mortgaged was sold, and to order the creditor to make good any loss suffered by the debtor as a result of the sale if the creditor acted in bad faith or if he did not take all steps in his power to avoid having recourse to a sale or to cause the sale to be conducted in such conditions as to ensure the realisation of a fair price.
The present provision is applicable only between enemies and does not extend to transactions referred to above which may have been carried out after the Ist May, 1923.
For the purposes of the present Section, the parties to a contract shall be regarded as enemies from the date on which trading between them became impossible in fact or was prohibited or became unlawful under laws, orders or regulations to which one of the parties was subject.
By way of exception to Articles 73-75, 79 and 80, contracts shall be governed by the ordinary law if they were concluded within the territory of one of the High Contracting Parties between enemies (including companies) or their agents, if this territory was an enemy country for one of the contracting parties who remained there during the war and was there able to dispose freely of his person and property.
The provisions of this Section do not apply between Japan and Turkey; matters dealt with in this Section shall, in both of these countries, be determined in accordance with the local law.
I. Life Assurance
Life assurance contracts entered into between an insurer and a person who subsequently became an enemy shall not be deemed to have been dissolved by the outbreak of war or by the fact of the person becoming an enemy.
Every sum which, during the war, became due upon a contract deemed not to have been dissolved in accordance with the preceding paragraph, shall be recoverable after the war. This sum shall be increased by interest at 5 per cent. per annum from the date of its becoming due up to the day of payment.
If the contract has lapsed during the war, owing to non-payment of premiums or has become void from breach of the conditions of the contract, the assured, or his representatives, or the persons entitled, shall have the right at any moment within twelve months from the coming into force of the present Treaty to claim from the insurer the surrender value of the policy at the date of its lapse or annulation, together with interest at 5 per cent. per annum.
Turkish nationals whose life insurance contracts entered into before the 29th October, 1914, have been cancelled or reduced before the Treaty for non-payment of premiums in accordance with the provisions of the said contracts, shall have the right, within three months from the coming into force of the present Treaty, if they are still alive, to restore their policies for the whole of the amount assured. For this purpose they must, after having undergone a medical examination by the doctor of the company, the result of which the company considers satisfactory, pay the premiums in arrear with compound interest at 5 per cent.
It is understood that life assurance contracts in money other than the Turkish pound, entered into before the 29th October, 19I4, between companies possessing the nationality of an Allied Power and Turkish nationals, in respect of which the premiums have been paid before and after the 18th November, 1915, or even only before that date, shall be regulated, first, by determining the rights of the assured in accordance with the general conditions of the policy for the period before the 18th November, 1915, in the currency stipulated in the contract at the current rate in its country of origin (for example, every amount stipulated in francs, in gold francs, or in "francs effectifs" will be paid in French francs), secondly, for the period after the 18th November, 19I5, in Turkish pounds paper-the Turkish pound being taken at the pre-war par value.
If Turkish nationals whose contracts were entered into in currency other than Turkish currency show that they have continued to pay their premiums since the 18th November, 1915, in the currency stipulated in the contracts, the said contracts shall be settled in the same currency at the current rate in its country of origin, even for the periocl after the 18th November, 19I5.
Turkish nationals whose contracts, entered into before the 29th October, 1914, in currency other than Turkish currency with companies possessing the nationality of an Allied Power are, owing to payment of premiums, still in force, shall have the right within three months after the coming into force of the present Treaty to restore their policies for the full amount, in the currency stipulated in their contract, at the current rate in its country of origin. For this purpose they must pay in this currency the premiums which have become due since the 18th November, 1915. On the other hand, the premiums actually paid by them in Turkish pounds paper since that date will be repaid to them in the same currency.
As regards insurances in Turkish pounds, settlement shall be made in Turkish pounds paper.
The provisions of paragraphs 2 and 3 do not apply to policy holders who, by an express agreement, have already settled with the insurance companies the fixation of the value of their policies and the method of payment of their premiums, nor to those whose policies shall have been finally settled at the date of the coming into force of the present Treaty.
For the purposes of the preceding paragraphs, insurance contracts shall be considered as contracts of life insurance when they depend on the probabilities of human life, combined with the rate of interest, for the calculation of the reciprocal engagement between the two parties.
II. Marine Insurance
Subject to the provisions therein contained, contracts of marine insurance will not be deemed to have been dissolved where the risk had attached before the parties became enemies, but the policy shall not be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies of that Power.
III. Fire And Other Insurances
Subject to the reserve contained in the preceding paragraph, fire insurance contracts and all other forms of insurance contracts are not deemed to be dissolved.
Section III. Debts
The High Contracting Parties are in agreement in recognising that debts which were payable before the war or which became payable during the war under contracts entered into before the war, and which remained unpaid owing to the war, must be settled and paid, in accordance with the provisions of the contracts, in the currency agreed upon, at the rate current in its country of origin.
Without prejudice to the provisions of the Annex to Section II of this part, it is agreed that where payments to be made under a pre-war contract are represented by sums collected during the war in whole or in part in a currency other than that mentioned in the said contract, such payments can be made by handing over the sums actually collected, in the currency in which they were collected. This provision shall not affect settlements inconsistent with the foregoing provisions arrived at by voluntary agreement between the parties before the coming into force of the present Treaty.
The Ottoman Public Debt is by general agreement left outside the scope of.this Section and of the other Sections of this Part (Economic Clauses).
Section IV. Industrial, Literary And Artistic Property
Subject to the stipulations of the present Treaty, rights of industrial, literary and artistic property as they existed on the 1st August, I9I4, in accordance with the law of each of the contracting countries, shall be re-established or restored as from the coming into force of the present Treaty in the territories of the High Contracting Parties in favour of the persons entitled to the benefit of them at the moment when the state of war commenced, or of their legal representatives. Equally, rights which, but for the war, could have been acquired during the war, by means of an application legally made for the protection of industrial property or of the publication of a literary or artistic work, shall be recognised and established in favour of those persons who would have been entitled thereto, from the coming into force of the present Treaty.
Without prejudice to the rights which are required to be restored in accordance with the above provision, all acts (including the grant of licences) done by virtue of the special measures taken during the war by a legislative, executive or administrative authority of an Allied Power in regard to the rights of Turkish nationals in respect of industrial, literary or artistic property, shall remain in force and continue to have their full effect. This provision applies mutatis mutandis to corresponding measures taken by Turkish authorities in regard to the rights of the nationals of any Allied Power.
A minimum of one year from the coming into force of the present Treaty shall be granted, without surtax or penalty of any kind, to Turkish nationals in the territory of each of the other Contracting Powers, and to the nationals of these Powers in Turkey, within which they may accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws and regulations of the respective States for preserving or obtaining or opposing the grant of rights to industriai property which had already been acquired on the 1st August, I9I4, or which, but for the war, might have been acquired since that date by means of an application made before or during the war.
Rights to industrial property which have lapsed by reason of any failure to accomplish any act, fulfil any formality, or pay any fees shall be revived, but subject, in the case of patents and designs, to the adoption of such measures as each Power may deem reasonably necessary for the protection of the rights of third parties who have exploited or made use of patents or designs since they had lapsed.
The period from the Ist August, I9I4, until the coming into force of the present Treaty shall be excluded in calculating the time within which a patent has to be exploited or a trade-mark or design used, and it is further agreed that no patent, trade-mark or design in force on the Ist August, I9I4, shall be subject to revocation or cancellation by reason only of the failure to exploit such patent or use such trade-mark or design, for two years after the coming into force of the present Treaty.
No action shall be brought and no claim made on the one hand by Turkish nationals or persons residing or carrying on business in Turkey, and on the other hand by nationals of the Allied Powers or persons residing or carrying on their business in the territory of these Powers, nor by third parties having derived title during the war from such persons, by reason of any occurrence which has taken place within the territory of the other party, between the date of the beginning of a state of war and that of the coming into force of the present Treaty, which might tve held to constitute an infringement of rights of industrial property or rights of literary or artistic property either existing at any time during the war, or revived under the provisions of Article 86.
Among the occurrences referred to above are included the use by the Governments of the High Contracting Parties, or by any person acting on their behalf, or with their consent, of rights of industrial, literary or artistic property, as well as the sale, the offering for sale or the use of products, apparatus, or any articles whatsoever to which these rights apply.
Licences for the use of industrial property, or for the reproduction of literary or artistic works, granted before the war by or to nationals of the Allied Powers or persons residing in their territories or carrying on business therein, on the one hand, to or by Turkish nationals on the other hand, shall be considered as cancelled as from the date of the beginning of a state of war between Turkey and the Allied Power concerned. But in any case, the former beneficiary of a licence of this kind shall have the right within a period of six months from the coming into force of the present Treaty to require from the proprietor of the rights the grant of a new licence, the conditions of which, in default of agreement between the parties, shall be fixed by the Mixed Arbitral Tribunal referred to in Section V of this Part. The Tribunal shall have the power, where the circumstances demand it, to fix at the same time the amount which it considers fair payment for the use of the property during the war.
The inhabitants of territories detached from Turkey under the present Treaty shall, notwithstanding this transfer and the change of nationality consequent thereon, continue in complete enjoyment in Turkey of all the rights in industrial, literary and artistic property to which they were entitled under Ottoman law at the time of transfer.
Rights of industrial, literary and artistic property which are in existence in territories detached from Turkey under the present Treaty at the time of separation, or which are re-established or restored by the provisions of Article 86, shall be recognised by the State to which the said territory is transferred, and shall remain in existence in that territory for the same period of time as that which they would have enjoyed under Ottoman law.
All grants of patents and registrations of trade-marks, as well as all registrations of transfers or assignments of patents or trade marks which have been duly made since the 30th October, 1918, by the Imperial Ottoman Government at Constantinople or elsewhere, shall be submitted to the Turkish Government and registered, if the parties concerned make an application within three months from the coming into force of the present Treaty. Such registration shall have effect as from the date of the original registration.
Section V. Mixed Arbitral Tribunal
Within three months from the date of the coming into force of the present Treaty, a Mixed Arbitral Tribunal shall be established between each of the Allied Powers, on the one hand, and Turkey, on the other hand.
Each of these Tribunals shall be composed of three members, two being appointed respectively by each of the Governments concerned, who shall be entitled to designate several persons from whom, according to the case in question, they will choose one to sit as a member of the Tribunal. The president shall be chosen by agreement between the two Governments concerned.
In case of failure to reach agreement within two months from the coming into force of the present Treaty, the president shall be appointed, upon the request of one of the Governments concerned, from among nationals of Powers which remained neutral during the war, by the President of the Permanent Court of International Justice at The Hague.
If within the said period of two months one of the Governments concerned does not appoint a member to represent it on the Tribunal, the Council of the League of Nations will have power to proceed to the appointment of such member upon the request of the other Government concerned.
If a member of the Tribunal should die or resign or for any reason become unable to perform his duties, he shall be replaced by the method laid down for his appointment, the above period of two months running from the date of death, resignation or inability as duly verified.
The seat of the Mixed Arbitral Tribunals shall be at Constantinople. If the number and character of the cases justify it, the Governments concerned shall be entitled to create in each Tribunal onc or more additional Sections, the seat of which shall be in whatever place may be convenient. Each of these Sections shall be composed of a vice-president and two members appointed as laid down in the second, third, fourth and fifth paragraphs of Article 92.
Each Government shall appoint one or more agents to represent it before the Tribunal.
If, after three years from the establishment of a Mixed Arbitral Tribunal, or of one of its Sections, such Tribunal or Section has not finished its work, and if the Power on whose territory such Tribunal or Section has its seat so requests, the seat shall be removed from such territory.
The Mixed Arbitral Tribunals established pursuant to Articles 92 and 93 shall decide all questions within their competence under the present Treaty.
Decisions shall be taken by a majority.
The High Contracting Parties agree to regard the decisions of the Mixed Arbitral Tribunals as final and conclusive, and to render them binding upon their nationals, and to ensure their enforcement in their respective territories as soon as the decisions of the Tribunals are notified to them, without it being necessary to have them declared executory.
The High Contracting Parties further undertake that their Tribunals and authorities shall directly assist the fixed Arbitral Tribunals in every way that is in their power, particularly as re- gards the transmission of notices and the collection of evidence.
The Mixed Arbitral Tribunals shall be guided by justice, equity and good faith.
Each Tribunal will determine the language to be used before it, and shall order such translations to be made as are necessary to ensure that the proceedings are completely understood; it will lay down rules and time limits for the procedure to be observed. These rules must be based on the following principles:
(I) The procedure shall include the presentation of a memorial and a counter-memorial respectively, with the option of presenting a reply and a rejoinder. If either of the parties asks for leave to present an oral argument he will be permitted to do so; in such case the other party will have the same right.
(2) The Tribunal shall have full power to order enquiries, the production of documents, and expert examinations, to make a view, to demand any information, to hear any witnesses and to ask the parties or their representatives for any verbal or written explanations.
(3) Subject to any contrary provision in the present Treaty, no claim shall be admitted after the expiry of a period of six months from the establishment of the Tribunal, except upon express authority contained in a decision of the said Tribunal and justified as an exceptional measure by considerations relating to distance or force majeure.
(4) It shall be the duty of the Tribunal to hold as many sittings each week as may be needed for the prompt despatch of its business, except during vacations, which shall not exceed a total of eight weeks a year.
(5) Judgment must always be given within at most two months from the end of the hearing, after which the Tribunal will at once proceed to consider its judgment.
(6) Oral arguments, if any, shall be heard in public, and in all cases judgment shall be delivered in public.
(7) Each Mixed Arbitral Tribunal shall be entitled to hold sittings elsewhere than in the place where its seat is established, if it considers it advantageous for the despatch of business.
The Governments concerned shall appoint by agreement a Secretary-General for each Tribunal, and shall each attach to him one or more Secretaries. The Secretary-General and the Secretaries shall be under the orders of the Tribunal, which with the consent of the Governments concerned shall be entitled to engage any persons whose assistance it may need.
The Secretariat of each Tribunal shall have its offices at Constantinople. The Governments concerned shall have power to establish additional offices in such other places as may be convenient.
Each Tribunal shall keep in its Secretariat the records, papers and documents relating to the cases submitted to it, and upon the completion of its duties it shall deposit them in the archives of the Government of the country where its seat is established. These archives shall always be accessible to the Governments concerned.
Each Government shall pay the emoluments of the member of the Mixed Arbitral Tribunal whom it appoints, as well as those of any agent or secretary appointed by it.
The emoluments of the President and those of the Secretary-General shall be fixed by agreement between the Governments concerned, and these emoluments and the general expenses of the Tribunal shall be paid in equal shares by the two Governments.
The present section shall not apply to cases between Japan and Turkey, which, according to the terms of the present Treaty, would fall within the competence of the Mixed Arbitral Tribunal. Such cases shall be settled by agreement between the two Govern- ments.
Section VI. Treaties
From the coming into force of the present Treaty and subject to the provisions thereof, the multilateral treaties, conventions and agreements of an economic or technical character enumerated below shall enter again into force between Turkey and those of the other Contracting Powers party thereto:
(I) Conventions of March 14, 1884, of December 1, 1886, and of March 23, 1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables;
(2) Convention of July 5, 1890, regarding the publication of customs tariffs and the organisation of an International Union for the publication of customs tariffs;
(3) Arrangement of December 9, 1907, regarding the creation of the International Office of Public Hygiene at Paris;
(4) Convention of June 7, 1905, regarding the creation of an International Agricultural Institute at Rome;
(5) Convention of July 16, 1863, for the redemption of the toll dues on the Scheldt;
(6) Convention of October 29, 1888, regarding the establishment of a definite arrangement guaranteeing the free use of the Suez Canal, subject to the special stipulations provided for by Article 19 of the present Treaty;
(7) Conventions and Agreements of the Universal Postal Union, including the Conventions and Agreements signed at Madrid on November 30, 1920;
(8) International Telegraphic Conventions signed at St. Petersburgh on July 10-22, 1875; Regulations and Tariffs drawn up by the International Telegraph Conference, Lisbon, June 11, 1908.
Turkey undertakes to adhere to the Conventions or Agreements enumerated below, or to ratify them:
(I) Convention of October 11, 1909, regarding the inter- national circulation of motor cars;
(2) Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection and Protocol of May 18, 1907;
(3) Convention of September 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea;
(4) Convention of December 21, 1904, regarding exemption of hospital ships from dues and charges in ports;
(5) Conventions of May 18, 1904, of May 4, 1910, and of September 30, 1921, regarding the suppression of the White Slave Traffic;
(6) Conventions of May 4, 1910, regarding the suppression of obscene publications;
(7) Sanitary Convention of January 17, 1912, Articles 54, 88 and 90 being reserved;
(8) Conventions of November 3, 1881, and April 15, 1889, regarding precautionary measures against phylloxera;
(9) Opium Convention, signed at The Hague, January 23, 1912, and additional Protocol of 1914;
(10) International Radio-Telegraphic Convention of July 5, 1912;
(11) Convention regarding liquor traffic in Africa, signed at St. Germain-en-Laye, September 10, 1919;
(12) Convention revising the General Act of Berlin of February 26, 1885, and the General Act and Declaration of Brussels of July 2, I890, signed at St. Germain-en-Laye, September 10, 1919;
(13) Convention of October 13, 1919, regulating aerial navigation, provided that Turkey obtains, under the Protocol of May 1, 1920, such derogations as her geographical situation may render necessary;
(14) Convention of September 26, 1906, signed at Berne, prohibiting the use of white phosphorus in the manufacture of matches.
Turkey further undertakes to take part in the elaboration of new international conventions relating to telegraphy and radio-telegraphy.